22 CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT

Transcription

1 Title 22 CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT Part III. Commission on Law Enforcement and Administration of Criminal Justice Subpart 2. Minimum Jail Standards Chapter 25. Introductory Information Adoption A. The Louisiana Commission on Law Enforcement and Administration of Criminal Justice has adopted jail standards for the state of Louisiana at a meeting held Wednesday, September 24, Introduction A. The purpose of these standards is to provide a reasonable guideline for use by persons responsible for the planning, administration and construction of parish jails in Louisiana. They are intended to reflect the minimum requirements which comply with court orders and protect the guaranteed rights of inmates in custody. The criteria were derived from court decisions, Louisiana state statutes, codes and regulations, and standards developed by organizations in the criminal justice field. The items generally avoid specific numerical absolutes so as to be useful to jails of all sizes and populations. Chapter 27. Minimum Jail Standards Management A. The administrator shall formulate a written statement of institution goals and purposes. B. The administrator shall develop a written manual describing institution policies and procedures. C. Inmates shall not be subject to discrimination on basis of race, religion, sex, nationality or handicap, and shall receive equal treatment under all policies and procedures of the institution. D. The administrator shall formulate a written statement of policy regulating communications with the news media and promoting positive public relations with the community. E. Space and equipment shall be designated for all necessary administrative functions. F. Space and equipment shall be designated for all heads of the security staff Fiscal A. A fiscal system shall be established to record all income and expenditures in accordance with commonly accepted professional accounting practice. B. An annual budget shall be prepared which projects the operating needs of the institution Records A. A record system shall be established to provide continuous, accurate, and current information on the location and legal status of all inmates. B. A record system shall be established to account for inmate money and personal property with disbursement only upon authorization of the inmate owner. C. A record system shall be established to provide statistical information required by legitimate law enforcement and correctional interests at the federal, state and local level. D. A record system shall be established for all routine activities occurring on each shift and for all emergency situations. E. A record system shall be established for all management functions of the institution, including administration, personnel operations and physical plant. F. A log shall be kept of all persons entering or leaving the jail. G. All record systems shall specify method and frequency of supervisory review, and such reviews shall be made as indicated. H. Inmates shall be forbidden to handle any management, personnel, inmate, fiscal or other institutional records. I. Secure space shall be provided for the use of current records and the storage of other records required in this Section Personnel and Training A. Employees shall be given a written manual describing all personnel policies and procedures, including grievance and appeal mechanisms. B. Employees and job applicants shall have the protection of equal employment opportunities. C. Duties and qualifications for each employee position shall be described in writing by the administrator. 179

2 D. Employee records shall be maintained in individual files, but employees shall have the right to view and challenge their file information. E. Employees shall receive preservice orientation and shall participate in regular inservice and staff development programs. F. Space and equipment shall be provided for all training and staff development programs Community A. The administrator shall develop a program of community resources to assist inmates during incarceration and facilitate their reentry after release. B. Civilian volunteers shall not work in the institution until they have completed orientation appropriate to their assignments. Chapter 29. Inmate Support Inmate Housing A. Separation shall be provided between areas housing male and female inmates and between adults and juveniles. B. Renovation of existing space or new construction shall provide a minimum of 48 square feet of floor space for each inmate confined for more than 72 hours. C. New construction shall provide a view of daylight from each housing area. LR 6:598 (October 1980), amended LR 17:661 (July 1991) Food Service A. Food service areas, equipment and operations shall meet all state and local health laws and regulations. B. Inmates shall receive at least three meals every 24 hour period with no more than 14 hours between any two meals. At least two of these meals shall be hot. C. Nutrition, food service plan, and daily menus shall be approved by a licensed physician, certified dietician or nutritionist. D. Inmates shall be provided with special diets as ordered by the physician and approved by the administrator. E. Inmates assigned to food service jobs shall be medically screened and certified free from disease prior to starting work. F. Space shall be provided for all food preparation and service activities. G. Inmates who are not segregated because of security, safety or discipline shall not be fed in their cells Clothing and Bedding A. Indigent inmates shall be provided with all needed clothing at institution expense. B. Inmates shall be provided with any clothing required for special jobs or work assignments at institution expense. C. Inmates shall be provided with a minimum of two changes of clean clothing per week. D. Inmates shall be provided with a complete set of clean linen and bedding on admission to the institution, and at least once a week thereafter. E. Sanitary storage areas shall be provided for all inmate clothing, linen and bedding. F. Arrangements shall be made for laundry and distribution of clean clothing and bedding to inmates. G. Arrangements shall be made for disinfecting mattresses, pillows and mattress covers prior to issuance to inmates. H. All clothing and bedding distributed by the institution shall be in good repair Personal Hygiene A. Inmates shall have access to a shower on a daily basis and shall be required to bathe no less than twice a week. B. Inmates shall be given all necessary personal health care items upon admission, and these items shall be replenished as needed. C. Inmates shall be able to shave and receive haircuts on a regular basis. D. Inmates assigned to food service or other work details shall shower and receive a complete change of appropriate clothing daily. HISTORICAL NOTE: Promulgated. by the Office of the Governor, Medical and Health Care A. A licensed physician shall be responsible for the health care program and for the practice of medicine in the institution, and no restrictions shall be placed on the medical judgment of the physician. B. All health care shall be provided in accordance with written policies and procedures developed by the physician in charge and endorsed by the administrator. C. Dental care shall be provided under the direction, supervision and written procedures of a licensed dentist. 180

3 D. Treatment given by other than a licensed physician shall be made by trained personnel according to written, standing or direct orders of the physician in charge. E. Inmates shall have continuous access to emergency health care by trained personnel and professional medical attention whenever required. F. Inmates shall have access to routine health care by a physician within 48 hours after making such request. G. At least one employee on each shift shall be qualified to administer basic first aid and cardiopulmonary resuscitation. H. Arrestees will be asked at the time of booking about their current state of health and medications being taken, and health problems will be referred immediately to the physician. I. New inmates shall receive a medical examination within 72 hours of admission to the institution. J. Inmates shall receive a medical examination at least every 12 months while incarcerated. K. New inmates shall be instructed in the procedure for obtaining routine and emergency medical attention at the time they are admitted to the institution. L. Inmates shall be able to report illness or health complaints daily and all reports shall be recorded together with complaint disposition. M. Pharmaceuticals shall be controlled and dispensed only under written orders and procedures prepared by the physician in charge, and shall be filled at institution expense as prescribed within 24 hours. N. Inmates shall not participate in experimental testing programs for medical or pharmaceutical purposes unless specifically ordered to provide therapy for individual conditions. O. An area shall be provided for inmates requiring isolation for reasons of physical or mental illness. P. Space, equipment, supplies and material shall be provided for all health services delivered in the facility. Chapter 31. Inmate Service Court Access A. Inmates may receive visits from attorneys or attorneydelegates at any reasonable time between wake-up and lights-out. B. Inmate communications, with attorneys by telephone or personal visit shall be entirely confidential. C. Inmate correspondence with attorneys shall be entirely confidential and shall not be delayed, read, nor interfered with in any manner. D. Paralegals may be required to show evidence of their employment by an attorney before being admitted to visit with an inmate. E. Inmates shall be permitted to present any issue to the courts at any time without restrictions, reprisal or penalty. F. Inmates shall be able to obtain paper, postage, forms, notarial services, technical information and specific legal materials needed to insure their rights to court access. G. Inmates shall be transported to any scheduled court appearance at the designated time at institution expense Visiting A. Inmates shall have maximum freedom and duration for visiting consistent with the security and management needs of the institution. B. Each inmate shall be permitted a minimum of one personal visiting period per week. C. Visitors shall be notified by posted signs that they and their possessions are subject to search at any time within the security perimeter of the institution. D. Visitors shall register before admission and may be denied admission for refusal to register, for refusal to consent to search, or for any violation of posted institutional rules. E. Inmate visits shall be conducted under visual surveillance of security staff, but conversations with visitors shall not be monitored. F. Space shall be provided for all activities required by the visiting program Mail A. Outgoing letters from inmates will be submitted unsealed and may be inspected and censored by the institutions. B. An outgoing letter from an inmate may be disapproved if it falls into any of the following categories: 1. it contains threats of physical harm against any person or threats of criminal activity; 2. it threatens blackmail or extortion; 3. it concerns transport of contraband in or out of the institution; 4. it contains plans for escape; 5. it concerns plans for activities which violate institution rules; 6. it concerns plans for criminal activities; 7. it is in code and its contents are not understood by the reader; 8. it solicits gifts or goods or money from other than family; 9. it contains information which if communicated would create clear and present danger of violence or physical harm to a human being. C. If an inmate is prohibited from sending a letter, he will be given back the letter with a written and signed notice citing the 181

4 specific reason for disapproval and indicating the portion or portions of the latter involved. D. Incoming letters to inmates may be inspected and censored by the institution in accordance with procedures in this Section. E. An incoming letter may be disapproved only for reasons listed in Subsections A and B above. F. If an inmate is prohibited from receiving a letter, the letter will be returned to the sender with a written notice citing the specific reason for the refusal, and the inmate will be notified of the rejection, the reason, and the name of the sender. G. Outgoing letters to courts, recognized attorneys at law, governmental agencies and elected officials shall not be opened or read unless for security reasons, and will be submitted sealed by the inmate with the title or position of the addressee clearly marked on the envelope. H. Incoming letters from courts, recognized attorneys at law, governmental agencies and elected officials may be opened for inspection, but only in the presence of the inmate recipient and without being read for content. I. The administration shall establish a written procedure for inmate grievances involving mail, including method for written compliant, formal hearing, and written notice of complaint disposition Telephone A. Inmates shall have reasonable access to telephones on a regular schedule. B. Inmates shall be permitted to complete two local telephone calls at institution expense immediately after arrest, or two collect long distance calls if they are not local residents. C. Inmates shall have maximum freedom and duration of telephone privileges consistent with the security and management needs of the institution. D. Inmate telephone calls shall be confidential and shall not be monitored Religion A. Inmates shall be permitted to attend religious services of their own denominations. B. Inmates shall not be sanctioned or rewarded for attendance at religious services or be required to be present during any service. C. Inmates in all conditions of detention shall have access to confidential consultation with religious advisors at any reasonable time. D. Space shall be provided for religious services and programs Recreation A. Inmates shall have active outdoor recreation at least one hour per day three days per week where possible. B. Inmates shall be provided with some form of indoor recreational activity on a daily basis. C. Space and equipment and supplies for recreation shall be furnished by the institutions Work Programs A. Inmate work assignments shall be made impartially according to a plan and subject to the number and type of work opportunities available. B. Unsentenced inmates shall be required to do only personal housekeeping. C. Sentenced inmates shall be required to do only personal housekeeping and such other tasks as necessary for facility maintenance. D. Inmates may receive pay and/or diminution of sentence for work performed, as permitted by statute. E. Inmate work income shall be considered personal property of inmate Education A. Sentenced inmates who wish to advance their general education through the high school level shall be provided the means to do so. B. Sentenced inmates who wish to take correspondence or special courses at their own expense shall be permitted to do so if no specific security problems are involved Commissary A. Inmates shall have access to commissary or canteen services where they can purchase approved items not furnished by the institution. B. Commissary items shall not cost more than standard community retail prices, and all sales records shall be audited regularly by an approved agency. C. Sufficient and appropriate space shall be provided for commissary services. 182

5 Chapter 33. Inmate Management Intake Reception A. No person who is unconscious, seriously injured, or violently disturbed shall be received for booking without written authorization from a licensed physician. B. New arrivals shall be processed according to written intake procedures and shall be held separate from the inmate population until completion of these procedures. C. New arrivals shall be given a written itemized receipt for all personal property taken from them at time of admission. D. Inmates shall be provided an opportunity to consult with bailbonding and pretrial release agencies as soon as the booking process is completed. E. New arrivals shall receive written and oral information about facility rules, procedures, programs and policies, and shall have access to a translator if English is not understood. F. New arrivals may be housed in individual intake holding cells for a maximum of 48 hours before being classified and transferred to an appropriate housing area. G. Special holding provisions shall be made for persons requiring detoxification, additional safety measures and isolation. H. New and renovated holding cells shall house no more than eight inmates and provide a minimum of 30 square feet of floor space per person. I. Single occupancy intake holding cells shall have a floor area of at least 50 square feet. J. Space shall be provided for all booking and intake areas and functions Classification A. Inmate housing, programs, work assignments and transfers shall be made on the basis of impartial written classifications procedures, and inmates shall be informed of the reasons for these decisions. B. Classification shall separate males from females, adults from juveniles, and inmates with special problems of health, behavior or vulnerability from the general population. C. Initial classification assignments shall be completed according to the written schedule within 48 hours of admission. D. The classification process shall be completed within 72 hours Supervision and Control A. Inmate supervision shall be conducted by trained correctional officers, and inmates shall never be placed in positions of control or supervision over other inmates. B. Supervision of inmates by opposite sex staff shall be conducted according to written procedures. Supervision of female inmates in their housing areas shall be done by female officers at all times. C. Inmates shall be logged in and out when they enter or leave the security perimeter of the institution for any reason. D. Inmates shall be accounted for by roll call at least once every shift and by head count at various times during each shift. E. Inmates may be involuntarily confined in their cells a maximum of 12 hours in any 24 hour period except as required for security reasons Inmate Safety A. Inmates shall have continuous access to communications from their housing areas to a manned control station containing emergency and alarm capability. B. New inmates shall be instructed how to obtain immediate assistance in case of illness, assault, or other personal emergency. C. Secure housing arrangements shall be provided for inmates requiring protective custody under conditions equivalent to those of the general inmate population Discipline A. New inmates shall be given written rules of conduct specifying prohibited acts and penalties which may be imposed for both major and minor rule violations, and this information shall also be posted in the institution. B. Inmates shall not be subjected to corporal punishment or personal abuse, or confined in instruments of restraint as punishment. C. Inmates shall not be deprived of food, clothing or personal hygiene items as punishment. D. Inmates shall have impartial access to formal hearing and appeals procedures for any disciplinary action. E. Inmates who must be isolated for disciplinary reasons shall be held in conditions of confinement equivalent to those of the general population. 183

6 3311. Grievance and Appeal A. Inmates shall have the right to report grievances verbally or in writing to any official of state or local government without fear of reprisal. B. Inmates shall be informed of a formal written procedure for reporting and referring grievances and making appeals Transportation A. Vehicles used to transport prisoners shall meet state and local safety standards and shall be operated only by properly licensed personnel. B. Inmates shall be transported only in accordance with written procedures and only by officers who have received special training in this duty. C. Female inmates shall be accompanied by a female officer during transport. D. A secure area shall be provided for transfer of prisoners and goods between the institution and transporting vehicles. E. Inmates shall not be restrained during transport more than necessary to insure security, and shall never be shackled to a vehicle or left unattended in a vehicle Release A. Inmates shall not be released from the institution until legal authority and positive identification have been verified. Chapter 35. Security and Control Keys A. Written policy and procedure shall govern the regular inspection and maintenance of locks and keys. B. Written policy and procedure shall govern the issue, use, control, loss and replacement of all keys. C. A locked secure area shall be provided for all keys not in use and for a full set of duplicate keys to all parts of the facility. and 15: Control Center A. Every institution shall provide a control center manned 24 hours, to monitor and control communications, emergency systems and security Contraband A. Items legally defined as contraband shall be identified in a list to be made available to all inmates, employees and visitors, together with regulations for disposal. B. A list of articles approved for inmates will be identified and all other items will be considered unacceptable and disposed of according to written procedures Emergencies A. The institution shall comply with all provisions of state and local fire, safety and other applicable codes and regulations. B. The institution shall develop written emergency procedures to cover escapes, riots, fires, passive resistance, other disturbances and disasters, and emergency evacuation of inmates. C. Officers who work in direct contact with inmates shall have access at all times to an emergency communication system link with central control. D. Diagrams shall be posted throughout the building showing evacuation routes, and instructions for use of emergency equipment shall be posted near the equipment. E. All employees shall be instructed in emergency procedures, and senior watch officers shall have access to complete emergency plans at all times. F. Hardware systems must permit the release of all inmates from a housing area within a maximum of five minutes in an emergency. G. Emergency exit keys shall be marked to insure ready identification under conditions of smoke, poor visibility or other crisis situations Searches A. Searches of inmate living areas shall be conducted according to written policies and procedures, avoiding damage or destruction to personal property. B. Contraband items removed during area searches shall be logged, and a receipt shall be given to the inmate if requested. C. Body searches shall be conducted only when an inmate has traveled or has had contact with persons outside the security perimeter of the institution, or when probable cause can be documented. D. Visual body searches shall be conducted by trained personnel of the same sex as the inmate and shall avoid force, undue embarrassment or indignity. 184

7 3511. Hardware A. Each area within the facility shall be designated for a certain level of security, and appropriate hardware shall be provided to insure that level. B. Each opening in the exterior security perimeter of the facility shall contain hardware appropriate to contain safely the inmate population, and to permit controlled access by legitimate public and law enforcement personnel. Chapter 37. Building and Construction Planning and Site A. All jail facilities shall conform to state and local codes and regulations Sanitation and Maintenance A. The institution shall comply with the health and sanitation codes of the state and with all local laws and regulations. B. The institution shall maintain records of all authorized inspections made by regulatory agencies, and of all actions taken as a result of these inspections. C. The institution shall develop and implement a plan for the maintenance and housekeeping of the entire physical plant. D. The institution shall provide for control of vermin and pests by a specialist and shall remove inmates from areas during treatment if requested by the physician in charge. E. Sanitation and housekeeping shall be the responsibility of the institution even when inmates are assigned to housekeeping and maintenance tasks Institution Storage A. Storage shall be provided for all equipment and supplies for the functions of the institutions Climate Control A. Temperature and humidity ranges in the institution shall be checked and approved by the state health officer. B. All equipment used for heating, ventilating and airconditioning shall comply with state and local codes and regulations. C. Ventilation systems shall be designed for kitchens, toilets, showers and laundry rooms and for the removal of chemical agents where they may be used Lighting and Power A. All electrical wiring shall comply with state and local codes and regulations. B. Facilities shall have two independent sources of power, each sufficient to maintain minimum vital services during an emergency. C. Illumination in housing areas shall be sufficient to permit reading, and shall be reduced to a level to permit normal sleep during night hours. LR 6:602 (October 1980) Mechanical and Plumbing A. All water supply, sewerage and plumbing installations shall comply with state and local codes and regulations. B. Inmate housing areas shall have hot and cold potable water supplied to each lavatory and shower fixture. C. Water supplies to kitchen and laundry equipment shall meet the temperature and volume recommended by state and local codes and regulations. D. All inmate occupied areas shall be provided with positive floor drainage. LR 6:602 (October 1980). 185

8 186